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Questions Answered by Mark Scoblionko
3 Answers | Asked in Estate Planning for Pennsylvania on
Q: In Pennsylvania, does property in a trust that is held for a specific person automatic pass to that person upon death?

It is stated in the trust that the property passes to a named beneficiary. Does title immediately pass upon death, similar to how it would in a will?

Mark Scoblionko
Mark Scoblionko
answered on Sep 25, 2019

You need to consult with a lawyer. However, if I understand you correctly, the right to receive title, but not the title, occurs as a result of the death, as it would in a Will. Title, however, does not pass until a deed is prepared, executed and recorded, as with a Will. Until a new deed is... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can PPL be forced to move power lines that cut across middle of my front yard?
Mark Scoblionko
Mark Scoblionko
answered on Sep 19, 2019

You need to engage a lawyer to review your deed and any documentation that forms the basis for the PPL easement.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I have a question regarding easement use across my property by my neighbors.

My property has a narrow alleyway beside my house, which leads from the back of my neighbor's house to the street I live on. Their home and front door are on a street parallel to mine. Their deed states they have use of the alley; my deed does not. I didn't see their deed prior to... View More

Mark Scoblionko
Mark Scoblionko
answered on Sep 16, 2019

The only way that your neighbor could have gotten an easement would be by way of a deed of easement from a prior owner of your property. That likely would not be shown specifically in the deed that you got. However, if you purchased title insurance when you bought your property, it would be... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: If my name is on the deed and not on the mortgage and I financially responsible for the property

Property is deeded tenants in common with rights of survivorship

Mark Scoblionko
Mark Scoblionko
answered on Sep 16, 2019

First of all, it can’t be “tenants in common with rights of survivorship.” It can be “joint tenants with rights of survivorship” or “tenants in common without rights of survivorship.”

Second, financial responsibility is determined by whoever signed the Note, not the...
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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: I purchased my boyfriends grandmothers home from her estate using money from my retirement savings plan.

We put the house in his name for tax reasons. The plan was to add my name to the deed. We broke up and now he has the house. Is there anything I can do?

Mark Scoblionko
Mark Scoblionko
answered on Aug 24, 2019

I agree that you are going to have to consult a lawyer and file suit. There is case law that says that a court will order that you be repaid for your investment if your version of the facts is accepted.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Have a question about adverse possession in Pennsylvania.

Our neighbor is insisting that we are on their property line, however we have been maintaining this section of the yard (about a 4-foot section) for the past 17 years. Are we eligible for adverse possession? It was per a good faith mistake, we have actual possession of the land, we've had open... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 17, 2019

Adverse possession requires a minimum of twenty consecutive years. That twenty years may be accumulated between a current owner and a prior owner.

Based on your information, unless you can establish possession and control by your prior owner, you are out of luck.

Secondly, you...
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3 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Pennsylvania on
Q: My grandmother died and left her land to her children they have not paid land tax for 5 years do I have rights if I pay

The land was willed to her children who are not paying the land is still in my grandmothers name

Mark Scoblionko
Mark Scoblionko
answered on Aug 13, 2019

If the land is still in your grandmother’s name, that means that it is still an asset of the estate. From your question, I cannot tell if the Will was ever probated and an estate opened. If not, this would have to happen first.

Since the land is an asset of the estate, the estate is...
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2 Answers | Asked in Car Accidents for Pennsylvania on
Q: we were in a accident and they were at fault, their insurance wants to totaled our car, what are my options ?

cause we don't want the money we want our car fix because we can't afford a new car

Mark Scoblionko
Mark Scoblionko
answered on Jul 22, 2019

Ordinarily, if an insurer wants to total a car, the only question is if you agree with the value they give you. Once they total the car, they get the certificate of title and the car is theirs. You can try to negotiate with them to take less money and keep the car. However, there likely will not... View More

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1 Answer | Asked in Real Estate Law and Small Claims for Pennsylvania on
Q: I have a considerable amount of trees along my neighbors border. He is ignorant, selfish and abusive. When my trees fall

down the wind direction usually blows the trees towards and onto his property. He takes this opportunity to threaten

and harrass me as I go about cleaning them up. These are not border trees, these are trees that grow from well within

my property. Can I drag the part that lays over... View More

Mark Scoblionko
Mark Scoblionko
answered on May 6, 2019

You are obligated to remove everything. If he won’t let you enter his property, you will have to remove the trees by pulling them from your side.

Further, if the falling trees cause damage to his property, since you are already on notice, it will likely be your problem.

2 Answers | Asked in Personal Injury for Pennsylvania on
Q: Who bears responsibility for a drunk partygoer if they should have an accident? Establishment or party host?

The party is being held at a bar but I am paying for the drinks. Professional staff in place to cut off drinkers who appear under the influence.

Mark Scoblionko
Mark Scoblionko
answered on Apr 29, 2019

If a party is held at a licensed establishment and someone is served alcohol “while in a visibly intoxicated condition,” the establishment is potentially liable under Pennsylvania’s “Dram Shop” law.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Landlord wants lease with due dates 2 months in advance--July 1 for Sept., August 1 for October, etc. Is this legal?
Mark Scoblionko
Mark Scoblionko
answered on Apr 13, 2019

It sounds like he has payment concerns.

If it is mutually agreed to, there is nothing illegal about it.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: How do I revoke my revocable PA trust, which contains bank accounts and properties in PA and CA? I am the only settlor
Mark Scoblionko
Mark Scoblionko
answered on Apr 10, 2019

If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.

You would then change the bank accounts and have to have deeds prepared for the...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Mom has debts(she's deceased) but I don't want to sell her land it's the only thing she left me.

Is there any way around it besides taking on her debt myself?

I grew up in foster care this is one of the very few good things (besides the debt) she did for me.

Mark Scoblionko
Mark Scoblionko
answered on Apr 4, 2019

If the real estate is in just her name, you will have to open an estate, presumably with the help of a lawyer. If there are debts, they will have to be paid before the estate could convey the real estate to you. Additionally, there will be an inheritance tax of 4.5% on the value of the land, and... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: I moved back with my parents 17 years ago can I be forced out by my brothers when both parents gave died?

I have done all the yard maintenance and routine maintenance on the house.

I’ve paid all real estate taxes for those years. Totaling almost $4000.00 per year.

I was the care giver for both my parents when they couldn’t do daily functions

Mom died 28 months ago and dad... View More

Mark Scoblionko
Mark Scoblionko
answered on Mar 31, 2019

If your father did not have a Will which left the house to you, the house goes into the estate. The house would then be sold and the proceeds divided among you and the other siblings. You have no choice about that.

If you hire a lawyer, you might be able to assert a claim against the...
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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Hi, actually my parked car got hit and I got the accident report from the officer and it’s shown the person who’s hit my

Car that he has insurance. After I contact his insurance and reported a claim they told the person who’s hit my car his insurance was canceled since last December. My insurance is lability and dose not cover my car. In this situation what i have to do? Was that officer fault? Also, I asked his... View More

Mark Scoblionko
Mark Scoblionko
answered on Mar 21, 2019

Unfortunately, you are going to be stuck.

You can sue the driver who hit you, but it is probable that any lawyer who would take the case will charge you on an hourly basis, which will cost several thousand dollars. Further, if you win against the other driver, if he has no insurance, he is...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: If I own a parcel of ground with 2 other people can I sign a lease agreement on the ground without one of the parties.

The lease was existing on ground but now up for renewal

Mark Scoblionko
Mark Scoblionko
answered on Mar 21, 2019

Not unless you have a Power of Attorney that authorizes you to sign for the other person.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Re. PA real estate, joint tenancy with the right of survivorship, or simply joint tenancy:

When my sister refinanced her condominium in Mont Clare, PA, she added her boyfriend to the title. Wording as follows (quoting the format exactly but using pseudo names for privacy): Owner Name(s): “Doe Jane & Smith John.” The mortgage company told her this wording means that the type of... View More

Mark Scoblionko
Mark Scoblionko
answered on Feb 26, 2019

If the deed does not specify that it is to be a joint tenancy with right of survivorship, the property is owned a a tenancy in common. Under those circumstances, the boyfriend can bequeath his half interest by Will or can convey it during lifetime.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: 1) Three names on the house deed. Are we all equal owners ? 2) Can "two out of three" agree to sell the house ?
Mark Scoblionko
Mark Scoblionko
answered on Feb 24, 2019

1. If the deed does not specify otherwise, yes.

2. No.

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Pennsylvania on
Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?
Mark Scoblionko
Mark Scoblionko
answered on Feb 21, 2019

You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request... View More

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4 Answers | Asked in Personal Injury for Pennsylvania on
Q: My mother and girlfriend own a house together. I slipped on ice and broke me ankle requiring surgery. Can I sue

Can I sue their home owners insurance without effecting them personally?

Mark Scoblionko
Mark Scoblionko
answered on Feb 16, 2019

Yes, you can sue. However, you need to meet with a lawyer to evaluate the case to determine if the case would have merit.

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